Chapter 9

Lyric and I arrived at the courthouse early that day and found Harold waiting for us on a bench outside of the courtroom. Smiling he shook my hand and said, “Hello Harmony, it’s nice to finally meet you in person.”

“It’s nice to meet you too,” I replied before introducing him to my brother.

After a few minutes of small talk Harold said “Okay, let’s sit down here and I’ll go over what you can expect today.”

Harold and I discussed how the whole proceeding would go, from plea, to the setting of a trial date, to reviewing my bail agreement. He told me not to worry, that all of this was formality, and the real fight would be at trial. After this we entered the courtroom and found a seat in the area assigned to defendants and their counsel. Lyric sat down not far behind us.

At nine AM sharp the bailiff spoke, saying, “All rise and come to order. The Court of the Sixth Judicial District, Criminal Division, is now in session, the honorable Emanuel Simms presiding.”

Everyone in the courtroom stood as Judge Simms made his way to the bench. Swallowing hard I thought, well, this is it.

The judge said, “Be seated,” and we all complied, returning to our seats. The process moved forward quickly from there. A man in a dull gray jumpsuit was escorted into the courtroom from a little side door, and he was met at a podium in front of the judge by a man in a shirt and tie. After his charges where read the judge said, “How do you plead?”

The man responded, “Not guilty” and after a few more matters of business, was returned in the direction he had appeared from. After one more inmate was seen the bailiff said, “Nowak, Harmony K.”

Harold looked at me with a puzzled expression and said, “I wasn’t expecting you to be called until this afternoon. Oh well, you can leave sooner, I guess. Come on.”

With this we approached the podium. Judge Simms looked down at the papers in front of him, and then at me with a dour glare. Looking to the lawyer that was standing across the aisle from us he said, “What are the charges?”

The prosecutor cleared her throat and said, “First degree aggravated assault, and two counts of terroristic threats.”

I looked at Harold as I felt my stomach drop. “Terroristic threats? They didn’t say anything about that.”

Harold motioned for me to wait as he turned to the judge. “Your honor, this is the first we are hearing of the charges in addition to the assault charge.”

The prosecutor spoke up and said, “The people apologize your honor, these charges were just added this morning. They were brought because of the two victims’ statements that Ms. Nowak allegedly threatened them with death.”

I looked to Harold again and said, “What do they mean “victims”? There was only Joey.”

Again, he motioned for me to remain quiet, and said, “Your Honor this is highly irregular.”

The judge simply nodded and then looking to me said, “To the charges of first-degree aggravated assault, and terroristic threats, how do you plea?”

Harold looked at me and nodded. I swallowed several times trying to moisten my throat and mouth before answering. “Not guilty, Your Honor.”

The judge nodded before declaring, “Trial is set for September 28th, 1994.”

With this he brought his gavel down with a loud rap.

I slowly exhaled as we made our way out of the courtroom followed by Lyric. As we walked out into the vestibule a familiar face greeted me. It was Erica.

“Hey, baby, why are you here?” I asked, hugging her tightly for several moments, and smiling.

“I decided I wanted to be here to support you. I showed up late though, and court had already begun, so I just slipped into the back row of seats and watched. I figured I’d surprise you so once your arraignment was over, I stepped out here to wait on you.”

“Thank you for coming, but you didn’t have to.”

“Well, like I said, I felt I should be here to support you.”

Turning to Harold I said, “Harold, this is my girlfriend, Erica Hagen.”

He smiled and shook her hand before saying, “So this is the young lady whose honor you were defending.”

Erica assumed a serious expression and said, “Yes, that would be me, and as much as I appreciate her concern for my wellbeing, we’ve had a talk about how there were better ways of handling the situation.”

Harold nodded in agreement, and then turned to me. “Okay, so we are in business now. You have a trial date, and the prosecution will now begin to build a case against you. It’s my job to defend you from the charges you are accused of.”

I interrupted him and asked, “What about these terroristic threat charges?”

“I will find out what that is about, and we’ll see if there’s any way to get those charges dropped. I’m sure this has to do with Mr. Falcone’s “celebrity status” as a senator’s son.”

I just shook my head and said, “I really made this easy for you, huh?”

“Don’t you worry about it,” Harold replied, “I’m going to do my best. I’ll be back in contact with you once I review the prosecution’s case, and we’ll discuss the information in detail. In the meantime, just try to live your life like normal, and don’t get into any more trouble. Not even traffic tickets.”

I assured him I wouldn’t, and he excused himself, again stating that he would be in touch soon.

After he had left Lyric turned to Erica and gave her a warm hug, saying, “It’s good to see you, Erica. How have you been?’

Erica told him she had been doing well, and briefly informed him of all of her recent goings on at school. After she had finished Lyric smiled and said, “You’re going to have to keep a closer eye on her. She got me into trouble as much as I did her when we were kids.”

Erica giggled at this and said, “I think you’re right.”

Lyric grinned even more and patted his stomach with both hands as he said, “So. neither of us has had breakfast and I’m about to just waste away here. Do you know somewhere good to get a cup of coffee and some chow? I’m buying.”

Erica assumed a thoughtful expression and said, “Well, I don’t know much about downtown, but I’m sure we can find something.”

Twenty minutes later we were seated in a small restaurant smiling and joking, awaiting our breakfast. During a lull in the conversation, I excused myself to the restroom. When I returned both Erica and Lyric looked at me.

With a frown I said, “What? What’s wrong?”

Erica’s expression had turned serious, and she said, “There’s something I want to do, and I was just discussing it with Lyric. My mind is made up, so I don’t want any arguments from you.”

“Ok,” I said, confused.

“I’m going to take the summer off from school and split my time between Council Bluffs and my parents’ place in Harle. I want to be close so I can help you get through this in any way I can. I won’t have to return to campus until late August, right before your trial starts.”

“Oh Erica, I can’t let you do that…” I began.

“What did I say? No arguments. My mind is made up,” she replied.

Looking to Lyric I asked, “How much of this was your doing?”

Waving his hands, he grinned and said, “Oh no, don’t put this off on me. Dr. Erica here came up with this all on her own. I just agreed to let her stay at the house with us while she’s in town.”

I turned back to Erica and said, “I thought summer semester had already started though.”

“Technically it doesn’t start until two weeks from now. If I cancel my classes before the end of the week, I’ll be alright.”

“But what about your folks? Won’t they be mad?”

She smiled and said, “No. They actually wanted me to take the summer off and come home. They were afraid I’d push myself too hard and get burned out. They’ll understand me wanting to spend some time with you too.”

“Well, I guess if your mind is made up then I can’t stop you.”

“No, you can’t,” she said with a laugh.

“And you’re ok with this?” I said turning to Lyric.

“No problem with me. I’ll just make Erica clean the house all summer so Mira can have some time off.”

Erica gave him a look of open-mouthed surprise before sticking her tongue out at him and laughing.

Lyric laughed as well, before saying, “Seriously though, I have no problem letting Erica spend a few weeks with us. I know you guys have had very little time together since she left for college, and with the future up in the air come September…” He trailed off and the smile faded from his lips as he quietly said, “…well, you know.”

“Yeah,” I responded, drearily.

We were all quiet for some time, the specter of my imprisonment hanging over us like a pall. Soon our food arrived, though, and as we all dug in hungrily the mood turned cheerful once again. Between bites Lyric looked to Erica and said, “Hey Erica, you remember that first day you guys were a couple, and I came in to see if you wanted to go out to dinner with me and Harm? You were so embarrassed because I had caught you guys kissing. You couldn’t even look at me!”

She laughed and said, “Yes I remember. I was so scared you were going to tell my parents.”

I looked at her and smiled, saying, “Not so embarrassed anymore.”

“Nope,” Erica said, grinning, and looking up at me she leaned in, giving me a lengthy kiss.

Lyric made a comical noise of disgust and said, “Geez you two, I’m trying to eat here.”

We all laughed at this.

***

I called Erica one last time that night to confirm her summer plans before Lyric and I headed home to Iowa.

“So, when do you plan on arriving at our place?” I asked.

“Well,” she responded, “I’m going to go home to Harle for three weeks first, then I’ll head to Council Bluffs. So, the last week of June, probably?”

“Sounds good. I miss you already though.”

“Aw, Harm, I miss you too, but we’ll see each other again soon, I promise.”

“I know.”

A thought occurred to me, and I asked, “Hey, do your parents know what’s happened? I mean, with me?”

“I don’t think so. They’ve made no mention of it.”

“Well, I know my mom said that they weren’t going to mention it, so I wasn’t sure. I wouldn’t have put it past Melody to have ran straight to them to let them know.”

“No, I think we’re okay. If worse comes to worst in September, I’ll talk to them then.”

“Has the school said anything to you? I really hope I didn’t get you into trouble.”

“Nope,” she replied, “Not a word. I’m not even sure they know anything occurred.”

“Probably for the best,” I replied.

We talked for an hour more before she finally said, “Well, I need to go. I have to be at the registration office when they first open tomorrow. I love you, Harm.”

“I love you too, sleep well and I’ll see you again really soon.”

“Okay,” she said, and with that I heard the click of her hanging up.

The next day Lyric and I made the long journey home to Iowa once again. The air was thick with early summer heat beneath a deep blue sky. We chatted for the first hour, laughing at stories about our exploits when we were kids back in Kansas, but after a while the conversation lagged, and Lyric turned his attention to the passing scenery. Neither of us spoke again until I noticed the gas gauge was nearing empty. Glancing at Lyric I said, “I need to stop and fuel up.”

He looked in my direction and said, “Okay. I need to stretch and hit the head anyways.”

At the next exit I pulled off the highway and discovered that there was an old gas station immediately to our right. Pulling up to the pumps I turned the car off and Lyric said, “Okay, I’ll be right back. I’ll pay for the gas while I’m in there. You need anything? A pop or snacks?”

“Nah, I’m good,” I said as I climbed out from behind the wheel.

“Suit yourself. You might want to use the restroom too. We have a lot of road left ahead of us.”

I said I would and then turned to the pump, sticking the nozzle into the gas tank. After a minute, a little chime alerted me that the gas was ready to dispense, and I squeezed the handle and watched the numbers begin to climb as the antiquated pump whirred to life. Once the tank was full, I returned the handle to its resting place and walked inside to the restroom before returning to the car and easing myself back into the driver’s seat. A few minutes later Lyric appeared, practically bouncing with excitement as he climbed in as well.

“Look sis! Zagnuts!” he practically shouted pulling two candy bars from the bag he was holding. I snorted with laughter at his joy.

I looked at the bag curiously and said, “What else do you have there?”

With a grin he reached in and produced the remaining items. “I got you an orange pop and two of those hot ass pickled sausages you like so much.”

I shook my head with a smile and said, “Thanks.”

Looking at the bright red, plastic wrapped links he said, “I don’t know why you like this spicy stuff so much. You’re the only one in the family. You sure you’re not adopted?”

I laughed again before saying, “You know we’re cut from the same cloth. Its Melody who was adopted.”

“That wouldn’t surprise me, actually.”

***

It felt as though Erica couldn’t arrive in Iowa soon enough for me. After returning home it was back to business as usual for me and Lyric, though the thought of my trial loomed over us. I tried to throw myself into my work and not think about it, but it seemed to be ever present at the back of my mind. I laid awake every night replaying the past few months over and over in my mind. I thought about every possible scenario that could occur when September arrived, and then would start over again.

On the last Saturday of June Lyric, Mira, and I returned to my hometown of Harle, Kansas. This was the first time I had returned since I had moved to Iowa and my parents had been anxious to see me ever since my arrest. I was dreading the inevitable conversation that awaited me. We had talked via phone already, having a lengthy conversation about the whole situation, but I knew once we were face to face again, I would probably face the full wrath of both my mom and my dad. Lyric was insistent that we arrive at three PM sharp, so the trip consisted of an equal number of breaks and episodes of Lyric insisting that I speed up.

I let my annoyance show as I said, “What’s your deal man? Why are you determined to arrive exactly at three?”

“Never you mind, sis. Just get us there,” he replied.

I looked in my rear-view mirror at Mira, who was seated in the back seat, and said, “You okay back there?”

She looked at me in the mirror and smiled, saying, “I’m fine, thank you.”

“Well, that’s good, because I think Assface here wants us to get pulled over, so just prepare yourself.”

Mira giggled at this as Lyric said, “Ha-ha, Shitbird. I just want us to be on time. That’s all.”

Exasperated I exclaimed, “On time for what?”

“You’ll see,” he responded cryptically, refusing to acknowledge any more of my questions. When we finally arrived at my and Lyric’s childhood home, I noticed that Erica’s parents’ car was parked in our driveway. I parked on the street in front of the house and gave Lyric a puzzled look. He simply grinned and said, “Well, come on.”

As I exited my car, I saw Erica piling out of the back seat of her parents’ vehicle. She smiled hugely and I couldn’t help doing the same as I walked to where she was standing. Warmly I wrapped my arms around her, hugging her tightly.

“Hey, baby,” I said, not wanting to let her go.

“Hey,” she returned, and then, “What’s going on? My parents won’t tell me anything.”

“I have no clue. Lyric’s been tight lipped the whole way here too.”

I noticed that her parents, accompanied by Lyric and Mira, were quickly making their way inside. Looking back at Erica I noticed she had a curious expression upon her face. I simply shrugged and ran my fingers through her hair, smiling.

“So, how has your visit been going? Anything new and exciting going on?”

“Nah, not really,” she said with a shake of her head. “Same old Harle. Nothing ever changes around here.”

I snorted and said, “Amen to that.”

“Why are you back Harm? I didn’t expect to see you until next week in Iowa.”

“No clue. Lyric woke me up at the ass crack of dawn this morning and said we were going to see mom and dad for the weekend. I figured it had to do with all of the trouble I’m in. Maybe they wanted their turn to bless me out.”

“Hmm,” she responded with a frown. “Well, I’m not complaining. I’ll take all of the time I can get with you right now.”

Grinning, I said, “Me too.”

We headed inside, and as we entered the house, we were greeted by a resounding shout of, “Surprise!”

Erica and I both jumped in shock. Both of my parents, and Erica’s parents as well, stood there, along with Lyric and Mira, laughing at our reaction. One person who was conspicuously absent though was my sister, Melody. It didn’t really surprise me.

“Happy Birthday, girls!” my mom practically shouted. Ever since we had first met Erica and I had always celebrated our birthdays together, since they were only three weeks apart. It appeared that this year wasn’t going to be any different.

Glancing down the hall to the kitchen I could see a large sheet cake sitting in the middle of the table, and two chairs decorated with balloons and streamers in my and Erica’s favorite colors, sitting side by side. A pang of guilt stabbed at me. I couldn’t believe my parents had gone to all of this trouble despite the huge mess I was in. The worst part was that my whole family, and Erica, were having to lie to the Hagens, and act as though nothing was amiss.

My mother must have sensed what I was feeling. As everyone else made their way to our kitchen she came over and placed an arm around my shoulder, giving me a squeeze, and whispering, “Its ok, sweetie. Try to enjoy today.”

I looked at her and smiled halfheartedly before saying, “Thanks, Mom. You guys didn’t have to do all this though.” Shaking my head, I added, “I’ve really made a mess of things this time, huh?”

She gently patted my back and said, “We can talk about that later. Let’s go join everyone else before Lyric gets into the cake.”

I couldn’t suppress a laugh at this as we started off to the kitchen.

I tried my best to enjoy the festivities, but I couldn’t seem to shake the deep feeling of remorse that had settled in upon returning back to the house I had grown up in. Late in the afternoon our parents made their way to the den, and I turned to Erica and said, “Let’s walk out back.”

Erica followed me into the backyard, and over to the weathered concrete bench where our relationship had first begun, and silently we both sat down.

Neither of us spoke for several minutes. After a time, Erica gently took my hand in hers, rubbing it lightly with her other one.

“What are you thinking about?” she asked quietly.

“Nothing. Everything. I don’t know,” I said with a shrug. After a moment I added, “I’m sorry, Baby.”

Erica looked at me curiously. “Sorry for what?”

“I’m sorry I’ve created this whole situation where now you have to deceive your parents, and my parents have to lie to your parents. This is all my fault. I can’t believe I was so stupid. And the worst part is I can’t come clean because that means telling your parents about how Joey was harassing you, and they’re going to want to know why you didn’t come to them about it.” With a bitter expression I shook my head and said, “What a mess.”

Wrapping both of her arms around me Erica laid her cheek against my shoulder and hugged me tightly before saying, “It’s ok Chica, you were only doing what you thought was best. Don’t worry about my parents. This will all be over soon enough.”

Swallowing hard I said, “That’s what I’m afraid of.”

I felt the sting of hot tears in my eyes as I wrapped an arm around Erica and pulled her closer.

From behind us I heard the sound of someone clearing their throat.

“Erica, sweetie, your parents are getting ready to leave.” It was my mother.

I wiped my eyes and smiled at Erica before saying, “Come on.”

After the Hagens had left my mom placed her hand on my shoulder and said, “Let’s go talk.”

I had been dreading this moment since arriving earlier in the day. I felt a nauseous pit of nervousness forming in my stomach as we walked to the kitchen and I sat down at the table once again, surrounded by the remnants of my and Erica’s birthday celebration. My mom retrieved two mugs from one of the cabinets and filled them with the remainder of the coffee she had brewed earlier. Turning off the coffee maker she walked to the table and placed one of the cups in front of me before lowering herself into the chair where she always sat at meals.

We both sat sipping our beverages without speaking for several minutes. Finally, my mom turned to me and said, “Help me understand how all of this happened.”

Taking one last sip of my coffee I sighed and slowly began to tell my mom the whole story of what had happened, ending with me sitting cuffed in a squad car watching Remi walk away.

She didn’t speak for many minutes, and I could tell she was processing what I had just related to her. Finally, she said, “You two didn’t think it would be better to let Erica’s parents know what was going on?”

I shrugged with a frown and said, “Hindsight’s 20/20 I guess.”

With a sigh she said, “Harmony, I know you two are out on your own now, living your lives, trying to find your own paths, but that doesn’t mean you can’t ask us for help. Or that Erica can’t come to her parents. I know you were trying to protect her, but there is a right and a wrong way to do that, and you most certainly picked the wrong way.”

I could feel the tears rising up in my eyes again as I said. “I guess you and dad are pretty angry about all of this.”

“Oh, we are, but what’s done is done. All we can do now is try to move forward. Melody says one of her friends took your case?”

“Yeah, his name is Harold Olson. He’s someone she went to school with, apparently.” I then added, “I see she wasn’t here today.”

My mom cleared her throat and gently rubbed my hand with hers. “Melody is blaming Erica for all of this, so she declined my invitation. She has never approved of your relationship with her. You are her sister though, so she’s trying to help you as best as she can.”

“What is her problem with me and Erica?” I asked.

My mom slowly shook her head and said, “I’m not sure, but I think that’s something to discuss with her after all of your current problems are dealt with.”

I looked down at my hands and said, “I’m really sorry all this has happened. You told me once that I wasn’t an embarrassment to the family, but I guess I did a good job of changing that.”

“Oh Harm, we’re not embarrassed of you, just disappointed that you chose to deal with this in such a reckless manner. That doesn’t change the fact that we love you very much though, and we will always be here for you.”

I smiled and said, “Thanks.”

She assumed a serious expression as she asked, “If this goes badly how long would you go to prison for?”

I swallowed hard at her words. Harold and I had just discussed this very thing the week before. Taking a moment to find my voice I finally said, “Up to ten years.”

My mother gasped at my response. “Ten years? That long?”

I simply nodded, and then said, “Harold thinks if it comes down to it, he can get it reduced to three years.”

“Still, three years is a long time.”

“Yep,” I replied dejectedly.

Rising she walked to me and wrapped me in her arms, hugging me tightly.

“We’ll get through this. I promise.”

I just stared off into the distance and shook my head. I didn’t see how.

***

“Okay, now ease off of the clutch and slowly press the gas.”

Erica gripped the wheel with a look of concentration as she prepared to follow my instructions. With a jolt the car jumped forward, barking the tires before stalling. Erica uttered a surprised “Oh!” before shaking her head and looking at me dejectedly.

“This is harder than I thought it would be,” she said.

“It’s okay, it just takes practice. You’ll get it,” I said, trying to reassure her. After Erica had arrived in Iowa one of the first things, she said she wanted to do was learn to drive my car, because it was a stick shift. So, on the third Saturday of her stay, we headed out to the countryside for her to learn.

“Okay, try it again. Put it in neutral and crank the car.”

Erica move the shifter to the neutral position, and after placing her foot on the brake she turned the key again, causing the engine to rumble back to life. She looked at me grinning and said, “Okay! Here we go!”

Pushing on the stick she attempted to shift into first gear but was greeted by a loud grinding sound that made me jump.

“Don’t forget to clutch, baby, or we’ll be pushing this thing home.”

Erica flushed a bright red and mumbled, “Oh yeah.”

Her next attempt was more successful. I reached over and gave her arm a reassuring rub before saying, “Okay, remember, slowly let off of the clutch until you feel it catch, as you slowly ease onto the gas.”

Again, Erica assumed a focused expression as she moved both feet. We began to creep forward, and Erica practically screamed, “Oh my god! I did it!”

“Okay! Okay! Just give it some gas! I’ll tell you when to shift again!”

After that there was no holding her back as she quickly got the feel for when to shift, and how to release the clutch. We spent the rest of that afternoon driving the backroads beyond Council Bluffs, laughing, and joking. When we arrived back home, we were still laughing as we exited the car. It was nice to be able to put all of my troubles out of my head for a while and just enjoy my time with Erica.

It was short lived, however. As we sat on the sofa, Erica surfing the channels on the TV, a thought occurred to me.

With a frown I turned to her and said, “What if Joey sues me.”

“Hmm?” Erica said distractedly.

Shifting my weight to get more comfortable I stretch my legs out and said, “What if Joey decides to sue me for damages over all of this? I mean it’s a real possibility, and he’s a little shit. He went so far as to tell me his family had plenty of money. It sounds just like something he would do. I don’t have any money to pay him. I’ll be paying him for the rest of my life.”

“Well,” she said, assuming a thoughtful expression, “I guess all we can do is wait. I don’t think he would be able to do anything until after your criminal trial.”

“Maybe I should talk to Harold about it, I’m supposed to call him Monday anyways,” I replied gloomily.

“It couldn’t hurt to ask,” Erica responded.

The following Monday during my lunch hour I called Harold from the office at work and asked him about the possibility of Joey bringing a civil case against me.

“Well, it’s definitely within his rights. I think the criminal trial is the bigger concern right now though. I do have good news for you though. It seems that after changing her story a half dozen times the Bouchard girl is no longer willing to testify. The prosecutor could compel her testimony, but frankly I think she’s afraid of what she would say on the stand. I could easily refute her testimony if it came down to it. So as a result, they are dropping the two counts of terroristic threats.”

It was a small victory, but I felt as though a weight had been lifted off of me. At least that was one charge I would not have to answer to.

“Well, thank god,” I sighed.

“It’s definitely good news, but we still have our work cut out for us. We have the testimony of the two police officers who say they saw you assault Joey. You said it was dark, though, where you all were standing?”

Thinking back to that night I said, “Yes, that’s correct.”

“And Remi Bouchard was standing in the middle of the street waving her arms?”

“Yes.”

“So, which do you think the officers were more likely to see, an alleged punch thrown on a dark sidewalk, or a girl in the middle of the road, in their headlights waving her hands?”

I understood where he was going with this, and I couldn’t help smiling.

“So, you think you can cast doubt on the testimony of the cops?”

“That’s the idea, but they are police officers. Juries tend to trust their testimony without question. But that’s my job, to get them to see a different set of circumstances. Try not to worry too much, I think we’re going to be in good shape going into the trial.”

After a pause he asked, “How is Erica?”

Again, I smiled. “She’s good. Spending the rest of her summer here in Iowa with me.”

“That’s good,” he replied. “So how is Melody doing? Still breaking hearts, I suppose.”

Breaking hearts? Mel? I thought. I shrugged it off and said, “Eh, Mel’s still Mel. Trying to be a second mother to me and Lyric.”

“So, is she’s seeing anyone?” he asked abruptly.

“Not that I’m aware of. She’s too busy henpecking me, and Lyric, and Erica, to be bothered with dating.”

Harold chuckled at this. “I’m surprised she hasn’t settled down with someone yet. Tell her I said not to be such a stranger.”

“I will.”

“Okay, I’ll talk to you soon.”

With that I hung up the phone. I was feeling better about my chances for a positive outcome from all of this. Harold’s line of questioning about Melody puzzled me, however.

Upon arriving home that day I told Erica about it, and she said, “Sounds like he has a crush on her.”

I just shook my head before saying, “Well, maybe that’s what she needs. Mel’s wound tighter than a two dollar watch and has been her whole life. If she gets laid it will probably improve all of our lives.”

Erica laughed so hard at my assessment that tears began to stream from her one remaining eye.

After a moment she regained her breath and said, “Maybe.”